Vikram Chandra
11 August 2009 at 20:40
Dear Sir/s,
Can anyone help me out with the latest apex court judgments which says that 'Foreign Court Judgments' are not binding on Indian Courts. Kindly Update the Judgment, I will be obliged. regards, vikram.
Arvind Singh Chauhan
11 August 2009 at 18:46
Whether female member can be prosecuted under protection of woman from domestic violence Act 2005
Ria
11 August 2009 at 17:35
My Divorce case had been transferred to the fast track court in March after it was pending in the family court for 5 years. However after transfer of the Divorce petition the Respondent did not appear in the court for consecutive 5 times, therefore a notice was sent by the fast track court informing the defendant husband about the transfer of case and subsequent date for appearance.
However even after receiving the notice my husband did not turn up in the court for more than 4 hearings. As a result the judge on 4th June 2009 passed an ex-parte order, but on the date I was to receive the order that is 10th August 2009, (Please note that the the limitation period of 30 days is over) my husband suddenly appeared in the court at the last moment and submitted an application for setting aside the ex-parte order citing that the courts passing of exparte decree was an oversight as my husband did not know about the transfer of the case to the fast track court., which he is lying as the there is a copy his acceptance of the notice sent by the hon’ble court.
I have filed my say and have requested to dismiss the application for setting aside the exparte order on the following ground which is true:
1) Failure to cross examine me for a period of 4 years, even though I was always prepared for my cross examination (Iam appearing party in person). However my husband in the application to set aside the ex parte decree has stated that he wants to cross examine me now, which I feel is a delay tactics on the part of my husband
2) Non – appearance even after receipt of the notice of transfer of case to the fast track court
3) Default in payment of maintenance for one year (I have already filed a recovery petition for the same.
Please advice if based on the above grounds can I object the setting aside of ex-parte decree and object to my cross examination after 4 years ?
Regards,
Ria
Ranganath
09 August 2009 at 21:15
Ld cousels,
There are diferent interpretations by courts with regards to fraud on marriage.
Commonly quoted observation is that the extent of fraud should amount to deception due to which the consent of the aggrieved spouse is not a valid consent in light of the fraud.
In my humble opinion, This is a hyper technical view. Please let me know if one spouse come to know about the mis-representation made regarding family status and financial situation and about the father-in-law being subjected to disciplinary action by the govt. due to which he was affected monetarily and depends on others. all these details were concealed before marriage.
I dont think any educated family would liketo contract marriage with a family headed by a tainted person.
Will this be a ground for annulling a marriage due to fraud.
Please clarify
Thanks
PRAKASHCHANDRA MARU
08 August 2009 at 23:45
HELLO ALL LEARNED EXPERTS
A MAIRRAGE WAS SOLEMNIZED WITH THE CCUSTOM OF HINDU OF MR X IN ANDHRA PRADESH MR X SERVICING AT PRESENT AT GUJARAT STATE HE WOULD LIKE TO REGISTER HIS MAIRRAGE IN GUJARAT IS POSSIBLE REGISTRATION UNDER SPECIAL MAIRRAGE
PRAKASHCHANDRA MARU
08 August 2009 at 23:42
HELLO ALL LEARNED EXPERTS
A MAIRRAGE IS CELEBRATED IN ANDHRAPRADESH WITH THE CUSTOM AND RITES OF HINDU NOW MR X WHOSE MAIRRAGE HAS BEEN SOLEMNIZED LIVES WITH HIS WIFE IN GUJARAT AND HW WOULD LIKE TO REGISTER HIS MAIRRAGE I THAINK IT IS POSSIBLE UNDER THE SPECIAL MAIRRAGE ACT AM I RIGHT PLS REMOVE CONFUSION THANKS
R.Ramajayam
07 August 2009 at 16:33
The husband and wife are metualy agreed to get divorce. Both are residing in different place. There job is also very critical them to come for court. Is it possible to get the order of divorce on the date of applicantion by both of them jointly If so is there any rulings is available Ple help
Rishi Ahuja
07 August 2009 at 12:19
Respected sir,
My wife has applied for Divorce in the family court and asked for the evidances, once she didnot attended the court and on other day also she didnot gave the evidances and asked for the next date.
And in case of my wson custody, case was filed in Jan/09 but till date she has not filed the reply of the same in other words , she is not at all atternded the Hon'ble court sir. Now what will be the further action can be taken over my both casesw.
S.Haritha
07 August 2009 at 11:50
We are 3 daughter's and my mother is alive. MY father has expird 5 months back. He has not written any will. he has given his agricultural property for development. Our query is we want to know how & where to apply for legal heir certificate? One of my sister is In U.S. is she needed at the time of application for Legal Heir Certificate?
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recovery of stree dhan
hello all learned experts
my client lodged the complainat u/s 406,498(A) 506(2) 114 and prevention of dowry act u/s 3 and 4 and demanded the recovery of the stridhan from the husband police demanded remand of the accused remand not granted and police declared before the court that mudamal streedhan is taken from her husband's home while she left the home of her husband court orderd in this way inspite of such order app not lodged the revision so complaiant given application to police for the revision then also revision not lodged by the police agency through pp afterwards complaiant given application to take appliction to the sp of police for the take action for the carelessness inthe investigation of the case of complaiant and revision till today the said application is unansweres what i shouls do ? domestic violence is usefull for it or other remedy in highcourt or in any other way note- husband with intention not accept any summons with the undueinfluence of the police pls reply thanks